22
EL HASKI v. BELGIUM JUDGMENT
Article 15 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. They further observed that the “test of
real risk” was in fact the test applied by the Court when it examined
allegations of a potential violation of Article 3 in the event of the extradition
or expulsion of an individual to a State where he might be subjected to
treatment or punishment in breach of that Article. In cases such as the
present, it was not a matter of determining whether there was a risk of such
treatment, but whether such treatment had actually been inflicted on those
individuals whose testimony was at issue.
65. In the Government’s submission, even supposing that the applicant’s
allegations concerning the interviews carried out in France were “arguable”,
within the meaning of the Court’s case-law, the Court of Appeal had found,
after a detailed examination of the available documents, that it not been
established that the French authorities had breached Article 3. The court had
begun by finding, in the light of the documents from the French
proceedings, that all the procedural safeguards and the rights of the persons
interviewed had been respected (the right to be immediately informed of the
“complaint” and of one’s rights in police custody, the right to request an
examination by a doctor, the right to have a lawyer, etc.). It had then found
that the conditions in which the impugned interviews had taken place were
acceptable and that the allegations of violence, intimidation and torture or
inhuman and degrading treatment on the part of the police officers at the
time of arrest and questioning, judging from the statements in question and
from the file, lacked credibility. It had moreover taken the view that it did
not suffice for the applicant to refer to general considerations contained in
reports by NGOs on the functioning of the French judicial system in order
to show that there had been a breach of Article 3 of the Convention. The
Government further pointed out that the French witnesses had not brought
proceedings before the Court for a violation of that provision.
As regards the testimony taken in Morocco, the Government pointed out
that the Court of Appeal had found that the applicant had not adduced the
slightest evidence of a violation of Article 3. They draw attention to the
following findings: “... the fact of citing in general terms various reports of
human rights organisations – admittedly respectable ones – does not adduce
any concrete evidence that would be capable of giving rise in the present
case to the above-mentioned reasonable doubt as to the violence, torture or
inhuman or degrading treatment that was allegedly inflicted on the
individuals interviewed in Morocco ...”; and “... the contradictions allegedly
contained in those statements, according to defence counsel’s argument, are
not capable of justifying the claim that the individuals who were
interviewed and/or tried in Morocco were subjected to any inhuman and
degrading treatment or torture”.
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